| In
this section: BANKING | BANKRUPTCY | COMPANY | COMMONS | CONFLICT OF LAWS | CONTEMPT OF COURT | COPYRIGHT | COSTS | COUNTY COURT | DAMAGES | DATA PROTECTION | DESIGN RIGHT | EASEMENT | EMPLOYENT | EUROPEAN COMMUNITY | EVIDENCE | INANCIAL SERVICES | HOUSING | HUMAN RIGHTS | INJUNCTION | INSOLVENCY | INSURANCE | LANDLORD AND TENANT LIMITATION OF ACTION | MORTGAGE | NEGLIGENCE | PATENT | PRACTICE | RESTRICTIVE COVENANT | REVENUE | TORT | TRADE MARK | TRUSTS | UNINCORPORATED ASSOCIATION | WILL |
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| BANKING |
Letter of credit – Payment – Merchant acquirer receiving payments from card issuer – Whether merchant acquirer lawfully entitled to withhold payments from merchant engaged in third party debit and credit card processing
Lancore Services Ltd v Barclays Bank plc [2008] EWHC 1264 (Ch); [2008] WLR (D) 214
[2008] WLR (D) 214
25/06/08
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| BANKRUPTCY |
Annulment — Payment of debts in full — Solicitor’s undertaking to pay debts, costs and expenses of bankruptcy — Whether court having jurisdiction to accept undertaking — Insolvency Act 1986, s 282(1)(b) — Insolvency Rules 1986, r 6.211(2)
Halabi (A Bankrupt) v Camden London Borough Council and another
[2008] WLR (D) 46
14/02/08
Transaction at undervalue — Ancillary relief order — Bankrupt ordered to transfer interest in property to wife — Trustees in bankruptcy applying to set aside transfer on ground that no consideration given by wife — Whether applicant for ancillary relief giving consideration in “money or money’s worth” — Whether transfer of bankrupt’s property made under court order or settlement agreement constituting transaction at undervalue — Matrimonial Causes Act 1973, ss 23–25 — Insolvency Act 1986, s 339(3)
Hill and another v Haines [2007] EWHC 1012 (Ch)
[2007] WLR (D) 121
03/05/07
Concealment of property — Transaction at undervalue defrauding creditor — Claimant commencing proceedings for order setting aside transaction before debtor adjudged bankrupt — Whether “victim of transaction” requiring leave of court to continue proceedings — Insolvency Act 1986, ss 285, 423, 424
Godfrey v Torpy and others [2007] EWHC 919 (Ch)
[2007] WLR (D) 96
23/04/07
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| COMPANY |
Shareholder — Minority shareholder's action — Derivative claims by members — Ratification of acts of directors — Persons connected with a director — Whether acts of directors capable of being ratified — Companies Act 2006, s 239
Franbar Holdings Ltd v Patel and others [2008] EWHC 1534 (Ch); [2008] WLR (D) 220
[2008] WLR (D) 220
02/07/08
Director — Misfeasance — Evidence that company director misapplying company funds — Wife of director having no knowledge of payments Whether wife constituting de facto director — Meaning of “de facto director” — Insolvency Act 1986, s 212
Gemma Ltd (in liquidation) v Davies and another; In re Gemma Ltd (in liquidation); [2008] EWHC 546 (Ch); [2008] WLR (D) 89
[2008] WLR (D) 89
17/03/08
Director — Disqualification — Provision barring Secretary of State from making application for disqualification order more than two years after company’s insolvency — Secretary of State lodging claim form at court office shortly before expiry of two-year period — Court not processing claim form until after period — Whether form “issued” on date lodged or date processed — Whether necessary to begin or bring proceedings within period — Whether proceedings out of time — Company Directors Disqualification Act 1986, s 7(2) — CPR r 7.2, Pt 7 Practice Direction, para 5
Secretary of State for Trade and Industry v Vohora and another [2007] EWHC 2656 (Ch)
- [2008] Bus LR 161
15/11/07
Unfair prejudice — Conduct of affairs — Director of liquidated company appointing wife as proxy director of second company known by prohibited name — Both companies sharing similar names — Director using wife’s name to conceal de facto directorship of second company — Director directly or indirectly concerned with management of second company — Co-director’s petition for order on ground of unfair prejudice — Whether court having jurisdiction to grant declarations — Whether petitioner able to rely on provisions relating to restriction on re-use of company names as cause of unfair prejudice — Companies Act 1985, s 459 (as amended by Companies Act 1989, s 145, Sch 19, para 11(a)) — Insolvency Act 1986, ss 216, 217
Hawkes v Cuddy and others [2007] EWHC 1935 (Ch)
[2007] WLR (D) 239
31/07/07
Debenture — Fixed and floating charge over company’s business — Company entering sale and hive down agreements — Debenture holder releasing charge on condition of payment by company — Company subsequently going into liquidation — Rights of preferential creditors as against debenture holder — Whether debenture holder “taking possession” of property comprised in charge — Companies Act 1985, s 196 (as substituted by Insolvency Act 1986, s 439(1), Sch 13, Pt I
Customs and Excise Comrs v Royal Bank of Scotland plc [2006] EWHC 2813 (Ch)
- [2007] Bus LR 474
7/11/06
Scheme of arrangement — Sanction of court — Companies proposing scheme of arrangement to provide for settlement of asbestos claims over long period of time — Scheme allowing for future amendments to its terms operative after sanction by court — Whether court having jurisdiction to sanction scheme
In re Cape plc and others
[2007] Bus LR 109
7/06/06
Oppression — Conduct of affairs — Private family company — Order for purchase by respondent majority of minority petitioners’ shares — Whether shares to be valued pro rata or on a discounted basis — Companies Act 1985, s 459
Irvine and another v Irvine and another [2006] EWHC 583 (Ch)
[2006] WLR (D) 85
23/03/06
Charge — Registration — Chargee failing to register charge within 21 days — Court extending time for registration but reserving power to review extension — Registrar of Companies erroneously issuing certificate of registration — Whether order extending time capable of review or variation — Companies Act 1985 (c 6), ss 401(2), 404
Ali v Top Marques Car Rental Ltd and another
[2006] WLR (D) 23
3/02/06
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| COMMONS |
Town or village green — Registration — Developer acquiring land and seeking order for rectification of register by removal of land from register — Whether court’s jurisdiction to rectify register appellate jurisdiction — Whether determination of application for registration by authority judicial or administrative process — Commons Registration Act 1965 (c 64), s 14
Betterment Properties (Weymouth) Ltd v Dorset County Council
[2007] WLR (D) 48
02/03/07
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| CONFLICT OF LAWS |
Jurisdiction under Council Regulation — Trusts — Beneficiary domiciled in member state — Proceedings brought in another member state — Whether defendant sued in capacity of beneficiary — Council Regulation (EC) 44/2001, art 5(6)
Jose Gonzalez Gomez and others v Encarnacion Gomez-Monche Vives and others [2008] EWHC 259 (Ch)
[2008] WLR (D) 50, Ch D
18/02/08
Jurisdiction under Council Regulation — Exclusive jurisdiction — Claimant alleging abuse of dominant position — Defendant companies registered abroad — Whether court having exceptional jurisdiction — Council Regulation (EC) 44/2001, art 5(3)
SanDisk Corpn v Koninklijke Philips Electronics and others [2007] EWHC 332 (Ch)
- [2007] Bus LR 705
27/02/07
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| CONTEMPT OF COURT |
Sentence — Civil contempt — Application for temporary release on licence — Whether permission of sentencing judge required
Lexi Holdings plc (in administration) v Luqman [2008] WLR (D) 1
[2008] WLR (D) 1
15/01/08
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| COPYRIGHT |
Infringement — Original literary work — Claimant publisher of books about television characters asserting copyright therein— Defendant producing book based on same characters as in original works — Whether defendant “copying” substantial part of original work — Principles applicable
JHP Ltd v BBC Worldwide Ltd and another [2008] EWHC 757 (Ch); [2008] WLR (D) 120
[2008] WLR (D) 120
18/04/08
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| COSTS |
Detailed assessment — Estimate of costs — Contract of retainer — Margin above — estimates — Whether solicitor bound by costs estimate supplied to client — Whether rule as to addition of a margin to estimate
Mastercigars Direct Ltd v Withers LLP [2007] EWHC 2733 (Ch)
[2007] WLR (D) 311
23/11/07
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| COUNTY COURTS |
High Court — Proceedings transferred to — Proceedings to enforce charging order by order for sale — Amount owing exceeding county court limit — Extent of High Court’s power of transfer — County Courts Act 1984, s 40(2) (as substituted by Courts and Legal Services Act 1990, s 2(1))
National Westminster Bank plc v King [2008] EWHC 280 (Ch)
[2008] WLR (D) 53, Ch D
20/02/08
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| DAMAGES |
Deceit — Measure of damages — Loss of a chance — Whether damages recoverable
4 Eng Ltd v Harper and another [2008] EWHC 915 (Ch); [2008] WLR (D) 131
[2008] WLR (D) 131
29/04/08
Personal injuries — Pain, suffering and loss of amenity — Severely disabled claimant requiring life-time care — Reduction of damages to reflect claimant’s entitlement to local authority direct payments — Whether local authority entitled to take account of capital sum — Whether possibility of future change of policy on direct payments to be taken into account
Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd [2007] EWHC 212 (Ch)
[2007] WLR (D) 22
08/02/07
Contribution — Entitlement — Defendant liable for knowing receipt of trust funds — Whether entitled to receive contribution from other person responsible for loss to trust — Whether disposition in breach of trust “damage” — Whether liability to make restitution “compensation” — Civil Liability (Contribution) Act 1978, ss 1(1), 1(6)
Charter plc and another v City Index Ltd (David Gawler and others, Pt 20 defendants
[2006] WLR (D) 243
13/10/06
Contract — Breach — Measure of damages — Defendant breaching agreement — Whether claimants entitled to claim a reasonable payment as a quid pro quo for relaxing its rights under agreement — Whether claimants entitled to claim an account of defendant’s profits caused by breaches
World Wide Fund for Nature (formerly World Wildlife Fund) and another v World Wrestling Federation Entertainment Inc [2006] EWHC 184 (Ch)
[2006] WLR (D) 39
16/02/06
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| DATA PROTECTION |
Personal data — “Processing” — Operation commencing with manual selection of information — Information subsequently entered into computer — Whether “processing” for purposes of Act — Data Protection Act 1998 (c 29), s 1
Johnson v Medical Defence Union (No 2)
[2006] WLR (D) 59
3/03/06
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| DESIGN RIGHT |
Infringement — Design document — Whether words “by making a design document recording the design for the purpose of enabling such articles to be made” requiring proof of particular state of mind in infringer — Copyright, Designs and Patents Act 1988, s 226(1)(b)
Societa Esplosivi Industriali SpA v Ordnance Technologies (UK) Ltd and others [2007] EWHC 2875 (Ch)
[2007] WLR (D) 327
5/12/07
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| EASEMENT |
Prescription — Established use — Servient owner incapable of making grant — Whether servient owner’s incapacity preventing acquisition of right by prescription — Prescription Act 1832, s 2 — Wimbledon and Putney Commons Act 1871, s 35
Housden and another v the Conservators of Wimbledon and Putney Commons[2007] WLR (D) 135
17/05/07
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| EMPLOYMENT |
Transfer of undertaking — Protection of employees — Effect of transfer on contracts of employment — Employees objecting to transfer of their employment — Whether objection to be communicated before transfer — Transfer of Undertakings (Protection of Employment) Regulations 2006, reg 4(7)
New ISG Ltd v Vernon and others [2007] EWHC B14 (Ch)
- [2008] ICR 319
14/11/07
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| EUROPEAN COMMUNITY |
Design — Registration — Validity — Design available to public prior to registration application — Infringement of registered design alleged — Validity of registration challenged on basis of prior art — Whether relevant sector that corresponding to product class indicated in registration application or sector of alleged prior art — Council Regulation (EC) No 6/2002, art 7
Green Lane Products Ltd v PMS International Group Ltd and others [2007] EWHC 1712 (Pat)
- [2008] Bus LR 338
19/07/07
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| EVIDENCE |
Expert evidence — Directors disqualification proceedings — Financial services company going into administration — Investigation by Financial Services Authority — Secretary of State seeking disqualification orders against defendant company directors — Secretary of State seeking to rely on expert report at disqualification hearing — Whether expert evidence admissible
Secretary of State for Trade and Industry v Aaron and others
[2007] WLR (D) 161
07/06/07
Judicial findings — Admissibility — Company successfully bringing claim against director for breach of fiduciary duty — Director failing to satisfy judgment and declared bankrupt — Trustees in bankruptcy bringing proceedings against director — Whether judgment in company’s action admissible — Whether trustees privies of director — Whether judgment conclusive as between trustees and director
Shierson and another v Rastogi [2007] EWHC 1266 (Ch)
[2007] WLR (D) 154
25/05/07
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| FINANCIAL SERVICES |
Regulator — Powers — Financial Services Ombudsman — Ombudsman determining complaint in complainant’s favour — Whether money award in excess of statutory cap enforceable — Financial Services and Markets Act 2000, s 229(2)
Bunney v Burns Anderson plc and another; Cahill v Timothy James & Partners Ltd [2007] EWHC 1240 (Ch)
- [2008] Bus LR 22
25/05/07
Confidential information — Disclosure — Financial Services Authority investigating defendant companies — Authority interviewing past and present employees — Claimant bringing action against companies and seeking inspection of documents including transcripts of interviews — Defendants objecting to disclosure — Whether confidential information received by defendants from Financial Services Authority — Whether disclosure permitted — Financial Services and Markets Act 2000, s 348 — CPR r 13.19(5)
Real Estate Opportunities Ltd v Aberdeen Asset Managers Jersey Ltd and others
[2006] WLR (D) 305
15/12/06
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| HOUSING |
Registered social landlord — Standard form tenancy agreement — Whether terms could be altered unilaterally — Whether alteration unfair — Housing Act 1985, s 103 — Unfair Terms in Consumer Contracts Regulations 1999, reg 8
The Governors of the Peabody Trust v Reeve
[2008] WLR(D) 181
02/06/08
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| HUMAN RIGHTS |
Right to respect for private and family life — Privacy — Child claimant son of famous author — Photograph taken of child without parents’ consent while engaged in ordinary family activity in public street — Taking of photograph causing no distress or harassment — Whether right to respect for private and family life engaged — Whether claim for injunction to restrain further publication to be struck out — Human Rights Act 1998, Sch 1, Pt I, art 8
Murray (by his litigation friends, Murray and another) v Express Newspapers plc and another [2007] EWHC 1908 (Ch D)
[2007] WLR (D) 244
07/08/07
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| INJUNCTION |
Interlocutory — Cross-undertaking in damages — Whether benefit of undertaking to extend to third parties — Whether court making error in ordering undertaking not extending benefit to third party — Practice Direction supplementing CPR Pt 25
Smithkline Beecham plc and others v Apotex Europe Ltd and others (Apotex Inc and another, additional claimants on enquiry) [2005] EWHC 1655 (Ch)
- [2006] 1 WLR 872
29/07/05
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| INSOLVENCY |
Voluntary arrangement — Company — Claims by trustees of pension scheme in relation to deficit in scheme fund — Quantification of claims — Application of hindsight principle — Whether supervisors required to accept scheme actuary’s quantification — Pensions Act 1995, s 75
In re Federal-Mogul Aftermarket UK Ltd and others [2008] EWHC 1099 (Ch); [2008] WLR (D) 166
[2008] WLR (D) 166
21/05/08
Administration order — Distribution of assets — Floating charges — Company’s net property — Share of prescribed part for unsecured creditors — Whether floating and fixed charge holders excluded from participating in “prescribed part” in respect of their unsecured claims — Insolvency Act 1986, s 176A (as inserted by Enterprise Act 2002, s 252)
In re Airbase (UK) Ltd; In re Airbase International Services Ltd [2008] EWHC 124 (Ch)
[2008] WLR (D) 30, ChD
05/02/08
Administration order — Public private partnership companies — Transfer scheme — Consent — Meaning of “other appointee” for the purposes of Schedule 15 to the Greater London Authority Act 1999
In re Metronet Rail BCV Ltd (in public private partnership administration) and In re Metronet Rail SSL Ltd (in public private partnership administration) [2007] EWHC 2697 (Ch)
[2007] WLR (D) 310
23/11/07
Winding up - Proof in liquidation - Protective award - Company dismissing employees - Protective awards made after date of liquidation - Whether awards provable as debts in liquidation - Trade Union and Labour Relations Act, s 189 - Insolvency Rules 1986, r 12.3(i)
Day v Haine and another
- [2008] ICR 452
19/10/07
Administration order — Debts or liabilities incurred by administrator — Administrator adopting contracts of employment — Whether “wages or salary” including liability to pay damages for wrong dismissal — Whether damages payable in priority — Insolvency Act 1986 (c 45), Sch B1 (as inserted by Enterprise Act 2002 (c 40), s 248, Sch 16), para 99(4)(5)(6)
In re Leeds United Association Football Club Ltd [2007] EWHC 1761 (Ch)
[2007] WLR (D) 213
25/07/07
Voluntary arrangement — Unfair prejudice to creditor’s interests — Claimant creditors given guarantees by defendant’s parent company before leasing premises to defendant — Defendant company facing financial difficulties — Proposed company voluntary arrangement containing terms releasing guarantees given by parent company — Arrangement approved — Whether arrangement unfairly prejudicial to claimants — Insolvency Act 1986, s 6(1)(a)
Prudential Assurance Co Ltd v PRG Powerhouse Ltd and others; Luctor Ltd v PRG Powerhouse Ltd and others [2007] EWHC 1002 (Ch)
[2007] WLR (D) 120, ChD
0/05/07
Winding up — Distribution of assets — Partners each petitioning for own bankruptcy —Neither debtors nor official receiver having power to deal with assets of dissolved partnership — Whether court empowered to direct winding up of affairs of partnership and administration of its property as if debtors had themselves presented joint petition — Insolvency Act 1986, ss 303(2A)–(2C) (as inserted by Insolvent Partnerships Order 1994)
Official Receiver v Hollens [2007] EWHC 753 (Ch)
[2007] WLR (D) 92
04/04/07
Transaction at undervalue — Property purchased by bankrupt’s partner but held by bankrupt and partner as joint tenants — Intention that bankrupt have only nominal interest in property — Bankrupt making no capital contribution to purchase — Bankrupt signing receipt of notice of severance accepting he held 1% of beneficial interest in property as tenant in common — Trustee in bankruptcy applying for order to rectify transaction at undervalue — Whether court having discretion to make no order notwithstanding fact that transaction was at undervalue — Insolvency Act 1986 (c 45), s 339
Singla (Trustee in Bankruptcy of Brown) v Brown and another [2007] EWHC 405 (Ch D)
- [2008] 2 WLR 283
02/03/07
Administration order — Expenses incurred by administrators — Non-domestic rates accruing on occupied business premises during administration — Claimant council seeking to recover rates — Whether rates payable as expenses of administration — Insolvency Rules 1986 (SI 1986/1925) (as substituted by Insolvency (Amendment) Rules 2003) (SI 2003/1730), r 2.67(1)
Exeter City Council v Bairstow and others
[2007] WLR (D) 46, Ch D
02/03/07
Winding up — Partnership carrying on regulated activity in breach of general prohibition — Whether just and equitable to wind up partnership — Financial Services and Markets Act 2000, s 367 — Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544)
In re The Inertia Partnership LLP
[2007] WLR (D) 234
23/02/07
Administrator — Powers — Payments by administrators to persons who would be preferential creditors on compulsory winding up — Whether jurisdiction to authorise — Insolvency Act 1986 (c 45), s 18
In re Cromptons Leisure Machines Ltd
[2006] WLR (D) 306
13/12/06
Winding up — Liquidator — Provisional liquidators’ remuneration — Court’s power to fix and approve provisional liquidators’ fees — Whether provisional liquidators’ remuneration chargeable by reference to rates as office holders or as partners in firm — Whether claim in respect of fees of consultant not employed by provisional liquidators’ firm limited to amount paid to him by firm — Whether firm entitled to profit at expense of estate — Insolvency Rules 1986 (SI 1986/1925), r 4.30
Jacob and another v UIC Insurance Co Ltd and another [2006] EWHC 2717 (Ch)
- [2007] Bus LR 568
6/11/06
Administration order — Discharge — Court granting
permission for proposed distribution to creditors — Administrators thinking
that company having no further property which might permit distribution —
Whether notice to be give to registrar of companies — Whether administrators
discharged — Insolvency Act 1986, Sch B1, paras 65(3), 84 (as inserted by
Enterprise Act 2002, s 248, Sch 16)
In re GHE Realisations Ltd (in administration) [2005] EWHC Ch 2400
- [2006] 1 WLR 287
4/11/05
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| INSURANCE |
Third parties’ rights — Liability insurance — Third parties unable to succeed in claim against discharged bankrupt debtors — Whether third parties’ inchoate claims elevated to established claims by admission in bankruptcy — Whether third parties entitled to prove in estates of discharged bankrupts — Whether third parties able to pursue insurers directly — Third Parties (Rights against Insurers) Act 1930
Law Society of England and Wales and others v Shah and others [2007] EWHC 2841 (Ch)
[2007] WLR (D) 330
30/11/07
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| LANDLORD AND TENANT |
Leasehold enfranchisement — Tenants’ right to acquire reversion — Validity of notice — Landlord’s counter-notice asserting tenants’ notice did not comply with statutory requirements — Tenants serving fresh notice — Whether failure to comply with statutory provisions barred service of fresh notice — Leasehold Reform, Housing and Urban Development Act 1993, s 13
Poets Chase Freehold Co Ltd v Sinclair Gardens Investments (Kensington) Ltd [2007] EWHC 1776 (Ch)
[2007] WLR (D) 219
26/07/07
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| LIMITATION OF ACTION |
Fraudulent breach of trust — Transfer of part of proceeds to third party — Claim by beneficiary to recover from third party — Whether third party in position of fiduciary or merely accessory to breach — Whether exception to normal limitation period applicable to such a claim — Limitation Act 1980, s 21(1), (3)
Statek Corpn v Alford and another [2008] EWHC 32 (Ch)
[2008] WLR (D) 10
24/01/08
Breach of duty — Accrual of cause of action — Liquidator brought proceedings against director — Whether cause of action accrued when liquidator appointed or when actionable breach occurred — Insolvency Act 1986, s 212
In re Eurocruit Europe Ltd [2007] EWHC 1433 (Ch)
- [2008] Bus LR 146
21/06/07
Insolvency — Enforcement of charge — Trustee in bankruptcy obtaining charge on bankrupt's dwelling house — Trustee seeking to enforce charge — Whether time barred — Limitation Act 1980, s 20(1)
Doodes v Gotham and another
- [2006] 1 WLR 729
17/11/05
Land, recovery of — Possessory title — Adverse possession — Horses straying from adjacent land continuously over 12 years — Whether statutory possessory title infringing right to peaceful enjoyment of property — Land Registration Act
1925, s 75 — Human Rights Act 1998, Sch 1, Pt II, art 1
Beaulane Properties Ltd v Palmer [2006] Ch 79
-[2005] 3 WLR 554
23/03/05
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| MORTGAGE |
Security — Fixed or floating charge — Investment scheme involving provision of loans secured by mortgages on properties — Mortgage deeds providing for secondary assets secured by “floating” charges — Deeds containing stringent restrictions on chargor’s ability to deal with or dispose of assets — Whether charges in reality floating or fixed
The Russell-Cooke Trust Co v Elliott and others
[2007] WLR (D) 66
09/03/07
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| NEGLIGENCE |
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| PATENT |
Invention — Exclusion from patentability — Systems for synchronising email stores — Whether patent invalid for lack of inventive step — Whether “invention” — Patents Act 1977, s 1(2)
Research in Motion UK Ltd v Visto Corpn [2008] EWHC 335 (Pat)
WLR (D) 70
28/02/08
Invention — Exclusion from patentability — Computer programs — Whether claims to computer programs excluded from patentability — Convention on the Grant of European Patents (1973) (Cmnd 7090), art 52(2)
In re Astron Clinica Ltd and others [2008] EWHC 85 (Pat)
[2008] WLR (D) 12
25/01/08
Practice — Appeal from Patent Office — Request for Comptroller to issue opinion — Review of opinion — Appeal from decision on review — Patents Act 1977, s74A, s74B, as inserted by the Patents Act 2004, s 13 — Patent Rules 1995 (SI 1995/2093), r 77A-K, as inserted by the Patents (Amendment) Rules 2005 (SI 2005/2496), r 12
In re DLP Ltd [2007] EWHC 2669 (Pat)
[2007] WLR (D) 301
16/11/07
Invention — Exclusion from patentability — Business methods and computer programs — Comptroller raising new points on appeal — Special circumstances justifying new objections on appeal — Patents Act 1977, s 1(2)
Raytheon Company v Comptroller General of Patents, Designs and Trade Marks [2007] EWHC 1230 (Pat)
[2007] WLR (D) 142
22/05/07
Application — Priority — Patent Co-operation Treaty application — United Kingdom patent application — Priority date — Restoration of right of priority — Unintentional failure to file international application — Refusal to grant late declaration of priority — Patents Act 1977, s 5(2C) (as inserted by Regulatory Reform (Patents) Order 2004 (SI 2004/2357) — Patent Law Treaty, Art 13(2)
In re Abaco Machines (Australasia) Pty Ltd’s Application [2007] EWHC 347 (Pat)
[2007] WLR (D) 42
28/02/07
Entitlement reference — Claim to proprietary interest — Claim dismissed — Whether jurisdiction to grant claimant licence — Patents Act 1977 (c 37), s 37
Cinpres Gas Injection Ltd v Melea Ltd
- [2007] Bus LR 20
22/11/06
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| PRACTICE |
Discovery — Privilege against self-incrimination — Public examination of bankrupt — Foreign criminal proceedings instituted against bankrupt — Bankrupt applying to suspend hearing of public examination —Whether hearing to be suspended — Insolvency Rules 1986, r 6.175
In re Rottmann (a bankrupt)
[2008] WLR (D) 161
20/05/08
Discovery — Jurisdiction — Interim application for disclosure of information capable of providing basis for application for freezing order — Degree of likelihood that application for freezing order would be made — Whether jurisdiction to make interim disclosure order — CPR r 25.1(1)(g)
Lichter & Schwarz (a partnership) v Rubin [2008] EWHC 450 (Ch D)
[2008] WLR (D) 93
12/03/08
Patents — Foreign or Convention patents — Comptroller General’s discretion to refuse to deal with questions of entitlement — Whether limited to highly complex cases — Patents Act 1977 (c 37) s 12(2)
Luxim Corpn v Ceravision Ltd [2007] EWHC 1624 (Ch)
[2007] WLR(D) 199
09/07/07
Settlement of action — Offer to settle — Acceptance of offer — Disposition of interest in land — Offer to settle and terms contained in document signed by one party — Acceptance in document signed by other parties — Whether acceptance of offer involving disposition of interest in land enforceable notwithstanding failure to comply with statutorily prescribed formalities — Law of Property (Miscellaneous Provisions) Act 1989, s 2 — CPR Pt 36
Orton v Collins and others [2007] EWHC 803 (Ch)
[2007] WLR (D) 97
23/04/07
Practice — Interest in estate — Claimant dependant of deceased having right to bring statutory claim for provision from deceased’s estate — Claimant bringing probate claim challenging validity of will — Claimant’s probate claim struck out — Claimant appealing — Whether claimant’s statutory claim amounting to sufficient “interest” in estate to bring probate claim — CPR r 57.7(1)
O’Brien v Seagrave and another [2007] EWHC 788 (Ch)
[2007] WLR (D) 90
04/04/07
Discovery — Privilege against self-incrimination — Search orders — Search of defendant’s premises resulting in discovery of illegal material — Whether defendant entitled to claim privilege against self-incrimination
C plc and another v P (Secretary of State for the Home Office and another intervening) [2006] Ch 549
- [2006] 3 WLR 273
26/05/06
|
| RESTRICTIVE COVENANT |
Enforceability — Annexation — Conveyances containing restrictive covenants — Conveyance containing express annexation of covenant — Whether annexation merely applying to unsold land — Whether benefit of covenant passing to purchaser of land — Law of Property Act 1925 (15 & 16 Geo 5, c 20), s 78
Sugarman v Porter and others [2006] EWHC 331 (Ch)
[2006] WLR (D) 69
08/03/06
|
| REVENUE |
Corporation Tax— Assessment— Taxation of subsidiary’s profits in hands of parent only when subsidiary established in different country from parent and lower rate of tax in that country—Whether contrary to freedom of establishment— Whether exceptions compliant with European Community law— Income and Corporation Taxes Act 1988 ss 747, 748—EC Treaty, art 43EC
Vodafone 2 v Revenue and Customs Commissioners [2008] EWHC 1569 (Ch); [2008] WLR (D) 228
[2008] WLR (D) 228
04/07/08
Value added tax — Exemptions — Food — Excepted items — Savoury snack — Whether savoury snack made from the potato which was similar to a potato crisp — Whether standard-rated — Value Added Tax Act 1994, Sch 8, Group 1, item 5
Procter & Gamble UK v Revenue and Customs Commissioners [2008] EWHC 1558 (Ch); [2008] WLR (D) 226
[2008] WLR (D) 226
04/07/08
Value added tax — Exemptions — Services closely related to education — Optional school fees refund schemes — Whether exempt — Council Directive 77/388/EEC, art 13(A)(1)(i)
Birkdale School, Sheffield v Revenue and Customs Commissioners [2008] EWHC 409 (Ch)
WLR (D) 74
05/03/08
Income - Settlement - Expenses - Trustees’ fees - Whether expenses properly chargeable to income as matter of general trust law - Income and Corporation Taxes Act 1988, s 686(2AA)
Revenue and Customs Commissioners v Trustees of the Peter Clay Discretionary Trust [2007] EWHC 2661 (Ch)
- [2008] 2 WLR 1052
15/11/07
Value added tax — Assessment — Repayment of overpaid output tax — Transfer of engagements between societies — Claimant seeking repayment of output tax overpaid by transferor — Whether benefit of claim for overpaid output tax assignable — Value Added Tax Act 1994, s 80
Midlands Co-operative Society Ltd v Revenue and Customs Commissioners [2007] EWHC 1432 (Ch)
[2007] WLR(D) 168
19/06/07
Income tax — Construction industry — Delay in processing certificate causing financial loss to sub-contractor — Whether sub-contractor having private law claim for damages based on breach of statutory duty or common law duty — Income and Corporation Taxes Act 1988 (c 1), s 561
Neil Martin Ltd v Revenue and Customs Commissioners [2006] EWHC 2425 (Ch)
[2006] WLR (D) 236
29/09/06
Income tax – PAYE – Retirement benefit scheme – Payments to bank’s former employees to compensate for termination of arrangements for tax assistance – Whether payments “in connection with past service” – Whether bank liable to account for tax on payments – Income and Corporation Taxes Act 1988, ss 203, 596A, 611, 612 – Income Tax (Employments) Regulations 1993, reg 49
Revenue and Customs Commissioners v Barclays Bank plc and another [2006] EWHC 2118 (Ch)
[2006] WLR (D) 222
11/08/06
Value added tax — Person liable — Non-partners in business signing registration for VAT form as partners — Whether liable for partnership VAT by holding themselves out as partners on form — Partnership Act 1890, s 14(1) — Value Added Tax Act 1994, ss 3, 45(1)
Revenue and Customs Commissioners v Pal and others [2006] EWHC 2016 (Ch)
[2006] WLR (D) 218
31/07/06
|
| TORT |
Cause of action — Procuring breach of contract — Claimant entering into representation agreement with child footballer — Claimants bringing action for procuring breach of agreement — Whether liability for procuring breach of voidable contract — Whether representation agreement analogous to contract of apprenticeship, education and service — Whether contract voidable by child
Proform Sports Management Ltd v Proactive Sports Management Ltd and another
- [2007] Bus LR 93
26/07/06
|
| TRADE MARK |
European Community trade mark — Practice — Claimant bringing infringement proceedings in High Court — Defendant counterclaiming for revocation — Invalidity proceedings subsequently brought in OHIM — Whether presumption that English proceedings to be stayed — Council Regulation (EC) No 40/94, art 100(2)
Kitfix Swallow Group Ltd v Great Gizmos Ltd [2007] EWHC 2668 (Ch)
[2007] WLR (D) 306
22/11/07
Registration — Distinctive character — Sporting emblem peviously used in non trade mark manner to indicate team loyalty — Whether previous use preventing registration as trade mark — Trade Mark Act 1994, s 3(1)
Score Draw Ltd v Finch
[2007] WLR (D) 57
9/03/07
|
| TRUSTS |
Trustee ― Duty of trustee ― Whether trustee under a duty to review the diversification of trust fund ― Trustee Act 2000, s 4(2)
Gregson v HAE Trustees Ltd and Others [2008] EWHC 1006 (Ch)
[2008] WLR (D) 146
08/05/08
Trustee — Disclosure — Claim against trustee for disclosure of wish letter — Whether wish letter disclosable to beneficiaries
Breakspear and others v Ackland and another [2008] EWHC 220 (Ch)
[2008] WLR (D) 52
19/02/08
Trustee — Duty of trustee — Exercise of trustee’s power of lien over trust fund — Manner in which lien should be exercised — Burden of proof
Wester v Borland
[2007] WLR (D) 258
15/10/07
|
| UNINCORPORATED ASSOCIATION |
Dissolution — Distribution of assets — Distribution to members with beneficial interest in assets — Sole surviving member — Whether bona vacantia
Hanchett-Stamford v Attorney General and another (Barclays Bank Trust Co Ltd intervening) [2008] EWHC 330 (Ch); WLR (D) 73
WLR (D) 73
27/02/08
|
| WILL |
Construction — Appointment of executors — Clause in will appointing partners in solicitors’ firm as executors — Firm forming limited liability partnership — Whether appointment valid
In re Rogers, decd [2006] EWHC 753 (Ch) -
[2006] 1 WLR 1577
6/04/06
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